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TikTok Challenges US Government Over App Ban
TikTok and ByteDance Ltd., its China-based parent company, are contesting the US government’s decision to ban the app, arguing that less severe measures could have addressed national security concerns. TikTok’s legal team revealed in a court filing that they had previously negotiated a comprehensive 90-page agreement with the federal government, incorporating multiple safety and enforcement protocols. However, Congress overlooked this effort when it instigated the ban earlier this year.
The controversy flared up after President Joe Biden endorsed a law mandating TikTok’s divestment by ByteDance by January 19. The move sparked legal actions from TikTok and its content creators. US lawmakers swiftly pushed the ban after classified briefings raised alarms about potential data access by China and the possible manipulation of American users via TikTok. Despite these concerns, TikTok maintains that there is no solid evidence supporting the notion that it poses a national security threat.
Efforts to Meet Security Concerns
TikTok remarked that it had invested over a year in negotiating a pact with the US, which aimed to mitigate national security risks. Provisions included hefty financial penalties and forced shutdown in the US should TikTok breach the agreement. Despite these measures, the US government unexpectedly ceased discussions in early 2023 and demanded that TikTok divest its US operations, according to the company’s account.
Efforts to mitigate security worries further included a collaboration with Oracle Corp. to bolster data protection. Nonetheless, lawmakers remain unconvinced, as critical elements like TikTok’s algorithm and source code remain tethered to China. Mark Warner, Chairman of the Senate Intelligence Committee, has openly advocated for divestment.
Constitutional and Operational Concerns
In their legal challenge against Attorney General Merrick Garland, TikTok argues that the ban infringes on free speech and jeopardizes the livelihoods of content creators reliant on the platform. TikTok criticized Congress for what it calls an “unprecedented” act of targeting and shutting down a particular forum of expression and stifling a vast amount of speech in a single move.
TikTok also insists that divestiture is neither feasible technologically, commercially, nor legally for ByteDance. The company warned that even if divestment were possible, the US version of TikTok would be a mere “shell” of its former self, lacking the innovative technology that curates personalized content for users.
Next Steps in the Legal Journey
The Justice Department is scheduled to respond to TikTok’s arguments by July 26. The DC Circuit panel has expedited the schedule, aiming for a decision by December 6 to allow time for a possible emergency review by the Supreme Court if necessary.
